The Work of Care as a Multi Layered Legal Right: Rereading Article 37.3(b) of the Workers' Statute

Commentary on the Ruling of the High Court of Justice of the Canary Islands 848/2026, 11 June

Abstract

The Judgment of the High Court of Justice of the Canary Islands 848/2026 (11 June 2026) finds a violation of fundamental rights after the employer refused to grant a female worker the paid carers' leave under Article 37.3(b) of the Workers' Statute to care for her 15 month old breastfeeding baby, despite medical certification of the child's need for care. The court stresses that, when the beneficiary is an infant, the notion of «serious illness» must be interpreted flexibly and without adult centred parameters, in light of the child's heightened physical and emotional vulnerability and the primacy of the best interests of the child principle. The ruling incorporates a gender perspective, identifying indications of sex discrimination and discrimination by association affecting the baby. This commentary highlights the significance of the judgment for strengthening reconciliation rights and for advancing the prevention of psychosocial risks linked to care overload.